Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
An appeal against a provisional release order was maintainable because the High Court had granted liberty to challenge that order during the writ proceedings. The Tribunal then held that the condition requiring a bank guarantee for release of seized goods was arbitrary and unreasonable: the importer had obtained an unchallenged advance ruling on classification, the CRCL reports were ambiguous and delayed, moisture-content parameters relevant to roasted areca nuts could not be ignored, and prior laboratory material supported the claimed description. Release was ordered on the remaining provisional conditions, without prejudice to final adjudication on classification and merits.
An appeal against a provisional release order was maintainable because the High Court had granted liberty to challenge that order during the writ proceedings. The Tribunal then held that the condition requiring a bank guarantee for release of seized goods was arbitrary and unreasonable: the importer had obtained an unchallenged advance ruling on classification, the CRCL reports were ambiguous and delayed, moisture-content parameters relevant to roasted areca nuts could not be ignored, and prior laboratory material supported the claimed description. Release was ordered on the remaining provisional conditions, without prejudice to final adjudication on classification and merits.
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